As New York moves close to a major revision of exemptions available to bankruptcy and judgment debtors, a review of the history of New York exemptions shows that most have not been updated in decades. "Exemptions" refer to the property a person who has been sued, or a...
Month: June 2010
The IRS secret 6321 Lien and ERISA Pensions
Something else to worry about: The IRS levying on a bankruptcy debtor's pension plan even though they never filed a "Notice of Federal Tax Lien" (NFTL). Wadleigh v. IRS; 134 T.C. 14; United States Tax Court decision June 15, 2010. My thanks to Rochester bankruptcy...
For distribution purposes, a Trustee cannot file a claim on behalf of a creditor: Davis
In re Gregory Davis 05-90690 (Judge Kaplan, June 11, 2010.) Note: the Case number on this case is 05-90690, NOT 05-09690, as is listed on the decision and order of June 11, 2010. Background information for this case note came from the court docket and the claims...
Bad Faith Chapter 13 plan: case filed 10 days after property transferred: Johnson
In Re: Walter Johnson Bk 08-14477 Judge Bucki April 21, 2010. This Chapter 13 case was filed October 9, 2008. According to the decision, Roger Dulski transferred the real estate at 1985 Genesee Street, Buffalo, to the debtor ten days earlier. Dulski himself had filed...
Retroactive application of Increased homestead exemption; Part II: Calloway and Nguyen
In re: Tanya Calloway 09-12133 (Judge Bucki; Feb. 16, 2010); In re Nguyen Bk 05-92833 (Judge Bucki Sept. 22, 2009). In August 2005, New York increased its "homestead exemption" from $10,000 to $50,000. In a previous bankruptcy case out of Rochester (I was the...